1 in 5 Indian property disputes involve title defects — encumbrances, benami claims, or missing links in the title chain. Verifying documents before signing prevents most of these.
The most dangerous sentence in Indian real estate: "The builder said the documents are in order." Always have your own lawyer verify.
The title chain is the historical record of ownership — who owned the property before the current seller, and how ownership transferred. For resale properties, you need at least 30 years of title chain. Look for: (1) Is the current owner the same person shown on the last registered sale deed? (2) Are there any court orders, attachments, or lis pendens (litigation notices) on the property? (3) Was the property inherited? If yes, is there a proper succession certificate or will probate? Gaps in the chain — missing sale deeds, unregistered transfers — are serious red flags.
The EC is issued by the sub-registrar and lists all registered transactions and encumbrances on the property for a given period. Request an EC for minimum 15 years. If the EC shows an ongoing mortgage or charge that has not been closed, the bank holds a lien on the property — you should not buy without the bank's No-Objection Certificate confirming the loan is cleared. In Maharashtra, the EC can be obtained online via the IGR portal.
The OC is issued by the local municipal body certifying that the building is safe to occupy. Without an OC, the building technically cannot be occupied legally, and water/electricity connections are unofficial. CC (Completion Certificate) confirms the building was built per the approved plan. Many builders sell properties without OC — this is a risk. Under RERA, builders must provide OC to flat owners. If the OC is pending, get a written commitment with a timeline and penalty clause in your agreement.
Every new project must be registered under RERA. Verify on the state RERA portal: (1) Project is active and registration not expired. (2) Completion date matches what the builder told you. (3) Declared carpet area matches what you're being offered. (4) No complaints filed by earlier buyers — check the Complaints tab on MahaRERA. (5) Bank account details — RERA mandates 70% of collections go into a dedicated escrow account.
Khata (Karnataka) / Property Card (Maharashtra) / Patta (Tamil Nadu) is the municipal record of the property. It establishes your right to apply for a building plan, electricity, and water connections. Ensure the Khata is in the seller's name and there are no arrears. Property tax receipts for the last 3 years confirm continuous ownership and absence of disputes.
Be extremely cautious if the seller is selling via Power of Attorney (PoA). While PoA-based sales are legal, they have been used in fraudulent transactions. The Supreme Court (2011 ruling) held that sale by PoA is not a valid transfer of title — only registered sale deeds are. If the seller uses PoA, insist on meeting the actual owner and verifying the PoA's scope and validity.
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